| Advisory Opinion regarding whether the Code of Governmental Ethics would prohibit the former Grants Manager for the Community Services Block Grant Program within the Human Services Department of Calcasieu Parish from being appointed to the Human Services Advisory Board. |
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Juana Felton is a former employee of the Calcaseiu
Parish Police Jury (CPPJ) who served as a Grants Manager for the Community
Services Block Grant Program within the Human Services Department. Ms. Felton
retired on February 4, 2022 and would like to serve on the Human Services
Advisory Board representing the National Association of University Women.
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La. R.S. 42:1121A(1) provides no former agency head or elected official shall, for a period of two years following the termination of his public service as the head of such agency or as an elected public official serving in such agency, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction, involving that former agency or render any service on a contractual basis to or for such agency.
La. R.S. 42:1121B(1)
provides that no former public employee shall, for a period of two years
following the termination of his public employment, assist another person, for
compensation, in a transaction, or in an appearance in connection with a
transaction in which such former public employee participated at any time
during his public employment and involving the governmental entity by which he
was formerly employed, or
for a period of two years following termination of his public employment, render,
any service which such former public employee had rendered to the agency during
the term of his public employment on a contractual basis, regardless of the
parties to the contract, to, for, or on behalf of the agency with which he was
formerly employed.
La. R.S.
42:1102(18)(a) defines "public
employee" to mean anyone, whether compensated or not, who is:
(i) An administrative officer or official of a governmental entity
who is not filling an elective office.
(ii) Appointed by any elected official when acting in an official
capacity, and the appointment is to a post or position wherein the appointee is
to serve the governmental entity or an agency thereof, either as a member of an
agency, or as an employee thereof.
(iii) Engaged in the performance of a governmental function.
(iv) Under the supervision or authority of an elected official or
another employee of the governmental entity.
La. R.S. 42:1102(19) defines "public servant" means
a public employee or an elected official.
La. R.S. 42:1102(2)(a)(i) defines "agency"
to mean a department, office, division, agency, commission, board, committee,
or other organizational unit of a governmental entity.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Kathryn Calmes |
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